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Guidelines for OSAA District Athletic Committees regarding eligibility rulings on transfers within the regular league or district. Committees have the authority to waive or modify eligibility rules.
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OSAA District Athletic Committees • Who: • Three selected school representatives from the regular league/district • Role: • To rule on transfers within the regular league/district • Meeting Schedule • As needed, at least once per season • May meet via conference call and/or via email
OSAA District Athletic Committees • Authority: • May, at its discretion, waive or modify eligibility rules regarding transfers • DAC may rule on the following waivers: • Transfers without change of Joint Residence • Could include grade deficiency and/or not making Satisfactory Progress Toward Graduation • Transfers to a school with affiliation (Rule 8.6.5)
OSAA District Athletic Committees • DAC may not rule on the following waivers: • Age • Fifth Year • Grade Deficiency (without transfer) • Satisfactory Progress Toward Graduation (without transfer) • All non-CSIET Foreign Students • All CSIET students not meeting criteria • These types of waivers must be sent directly to the OSAA
OSAA District Athletic Committee Process • School submits Eligibility Request Form on behalf of a student • Committees may not rule on future eligibility • Transfer student must have attended a class and/or a practice at the new school • Form Requirements • Filled out in its entirety • Official transcript attached • Completed enrollment record • Letter from previous school principal • Necessary signatures
OSAA District Athletic Committee Process • Examples of additional information that may accompany request: • Letters of Explanation • Student • Parents/Legal Guardians • School Representative • Attendance Records
Ruling on Eligibility Requests • Key Factors to Consider: • Are there circumstances beyond the control of both the student and the student’s parent(s) or other circumstances whereby enforcement of the rule would work an undue hardship upon the student? • What is the student’s transfer history? • Did the transfer occur under Open Enrollment? If so, what, if any, extenuating circumstances are present?
Ruling on Eligibility Requests • Key Factors to Consider: • If transferring for academic reasons, why is the transfer happening after initial enrollment in the 9th grade? • What factors contributed to the ineligibility that were outside the control of both the student and the student’s parent(s)? • Is the transfer athletically motivated?
Ruling on Eligibility Requests • Key Factors to Consider: • What is meant by “circumstances beyond the control of each of the student and the student’s parent(s)”? • When considering a hardship request, it is always an integral part of the evaluation to determine whether the events are outside a student or student’s parent(s) control, or whether the choices/decisions/actions that created the eligibility problem included knowable/predictable eligibility outcomes or consequences. Requests are denied when it appears the student’s eligibility situation has come about as a result of choices, decisions and/or actions made by the student, or the student’s parent(s), or both.
Ruling on Eligibility Requests • DAC Chair: • Distribute link to voting members when emailed that a hardship request has been submitted • Finalize decision once voting members have input their decision; be sure to include rationale for the DAC’s decision (especially for denials) • **If the final decision is a denial, there needs to be an explanation as to why the request was denied. This information is crucial if the family chooses to appeal. ** • School is automatically notified once decision and rationale have been entered by DAC Chair • DAC Voting Members: • Access online form to review hardship request using link sent by DAC Chair • Input your information, decision, and rationale directly into the online form
Future Steps FOR Denied Requests • Denials by the DAC may be appealed to the OSAA Eligibility Appeals Board (EAB),which meets once a month (see next slide for the dates) • **The DAC Chair needs to submit an explanation as to why the request was denied. This information is crucial during the Eligibility Appeals Board hearing. ** • Three member group consisting of school administrator, school board member, and an Executive Board member • $100 non-refundable appeal filing fee • May be held in person at OSAA Office or via conference call • Additional information may be presented to the EAB that wasn’t presented at the regular league/district level
Future Steps FOR Denied Requests • OSAA Eligibility Appeals Board (EAB) Dates: • Wednesday, August 28, 2019 • Wednesday, September 18, 2019 • Wednesday, October 16, 2019 • Wednesday, November 20, 2019 • Wednesday, December 11, 2019 • Wednesday, January 15, 2020 • Wednesday, February 19, 2020 • Wednesday, March 18, 2020 • Wednesday, April 15, 2020 • Wednesday, May 13, 2020
Future Steps FOR Denied Requests • Denials by the OSAA Eligibility Appeals Board may be appealed to a Hearings Officer: • Retired Oregon Supreme Court Justices • $250 non-refundable appeal filing fee • May be held in person or via conference call • Appealing party must exhaust this administrative remedy prior to seeking relief in any other forum or by any other means • Final order issued by the Hearings Officer may be appealed to a proper Circuit Court in the State of Oregon
Frequently Asked Questions • Is support from the school required to continue the appeals process to the Eligibility Appeals Board or Hearings Officer? • No, support from the school is only required for the initial appeal to the District Athletic Committee. Further appeals may be made with or without support from the school. • What is the proper procedure if the school of a DAC member is requesting a hardship? • That DAC member should be replaced by another school representative from the regular league/district.
Questions / Contacts • If you have questions or need additional information, please contact one of these staff members at the OSAA (503.682.6722): • Peter Weber, Executive Director • peterw@osaa.org, x231 • Brad Garrett, Assistant Executive Director • bradg@osaa.org, x229 • K. T. Emerson, Assistant Executive Director • kte@osaa.org, x227 • Kyle Stanfield, Assistant Executive Director • kyles@osaa.org, x239 • Kris Welch, Assistant Executive Director • krisw@osaa.org, x230 • Additional information can be found at www.osaa.org